Senate Concurrent Resolution No. 1601
By Special Committee Redistricting Advisory Group
8 A PROPOSITION to amend section 1 of article 10 of the constitution
9 of the state of Kansas, relating to the reapportionment of senatorial
10 and representative districts.
14 Be it resolved by the Legislature of the State of Kansas, two-thirds of the
15 members elected (or appointed) and qualified to the Senate and two-
16 thirds of the members elected (or appointed) and qualified to the House
17 of Representatives concurring therein:
18 Section 1. The following proposition to amend the constitution of the
19 state of Kansas shall be submitted to the qualified electors of the state
20 for their approval or rejection: Section 1 of article 10 of the constitution
21 of the state of Kansas is hereby amended to read as follows:
22 "§ 1. Reapportionment of senatorial and representative dis-
23 tricts. (a)
At its regular session in 1989, the legislature shall by law re-
apportion the state representative districts, the state senatorial districts
or both the state representative and senatorial districts upon the basis of
the latest census of the inhabitants of the state taken by authority of
chapter 61 of the 1987 Session Laws of Kansas. At its regular session in
28 1992, and at its regular session every tenth year thereafter, the legislature
shall, by law, shall reapportion the state senatorial districts and represen-
30 tative districts on the basis of the population of the state as established
31 by the most recent census of population taken and published by the
32 United States bureau of the census.
Senatorial and representative districts
shall be reapportioned upon the basis of the population of the state ad-
justed: (1) To exclude nonresident military personnel stationed within the
state and nonresident students attending colleges and universities within
the state; and (2) to include military personnel stationed within the state
who are residents of the state and students attending colleges and uni-
versities within the state who are residents of the state in the district of
their permanent residence. Bills reapportioning legislative districts shall
40 be published in the Kansas register immediately upon final passage and
41 shall be effective for the next following election of legislators and there-
42 after until again reapportioned.
43 (b) Within 15 days after the publication of an act reapportioning the
44 legislative districts within the time specified in (a), the attorney general
SCR 1601 2
1 shall petition the supreme court of the state to determine the validity
2 thereof. The supreme court, within 30 days from the filing of the petition,
3 shall enter its judgment. Should the supreme court determine that the
4 reapportionment statute is invalid, the legislature shall enact a statute of
5 reapportionment conforming to the judgment of the supreme court
6 within 15 days.
7 (c) Upon enactment of a reapportionment to conform with a judg-
8 ment under (b), the attorney general shall apply to the supreme court of
9 the state to determine the validity thereof. The supreme court, within 10
10 days from the filing of such application, shall enter its judgment. Should
11 the supreme court determine that the reapportionment statute is invalid,
12 the legislature shall again enact a statute reapportioning the legislative
13 districts in compliance with the direction of and conforming to the man-
14 date of the supreme court within 15 days after entry thereof.
15 (d) Whenever a petition or application is filed under this section, the
16 supreme court, in accordance with its rules, shall permit interested per-
17 sons to present their views.
18 (e) A judgment of the supreme court of the state determining a re-
19 apportionment to be valid shall be final until the legislative districts are
20 again reapportioned in accordance herewith."
21 Sec. 2. The following statement shall be printed on the ballot with
22 the amendment as a whole:
24 "Explanatory statement. The purpose of this amendment is to elimi-
25 nate the adjustment of census taken by the United States bureau
26 of the census regarding nonresident military personnel and nonres-
27 ident students when reapportioning the Kansas senate and house
28 of representatives.
29 "A vote for this proposition would eliminate the adjustment of census
30 taken by the United States bureau of the census regarding nonres-
31 ident military personnel and nonresident students when reappor-
32 tioning the Kansas senate and house of representatives.
33 "A vote against this proposition would continue in effect the require-
34 ment for the adjustment of census taken by the United States bu-
35 reau of the census regarding nonresident military personnel and
36 nonresident students when reapportioning the Kansas senate and
37 house of representatives."
38 Sec. 3. This resolution, if approved by two-thirds of the members
39 elected (or appointed) and qualified to the Senate, and two-thirds of the
40 members elected (or appointed) and qualified to the House of Repre-
41 sentatives shall be entered on the journals, together with the yeas and
42 nays. The secretary of state shall cause this resolution to be published as
43 provided by law and shall cause the proposed amendment to be submitted
44 to the electors of the state at the general election in April in the year
SCR 1601 3
1 1999 unless a special election is called at a sooner date by concurrent
2 resolution of the legislature, in which case it shall be submitted to the
3 electors of the state at the special election.